Really worried that bailiffs will come.

[nimblejack]

Hi,

 

I have just received a CCJ and all I got back from the courts was a letter telling me that the creditor sent the court a letter after they had received my admission and offer of monthly repayment, and that they had complained that the offer was too low.

The court has now ordered that I pay a larger amount each month and that the first payment should be paid to the creditor by the 22nd of this month which is a week before I even get paid.

 

I won't have the money by then and it's also more than I was expecting. Will the bailiffs come if I pay a week late? Or do you think the creditor will allow me to make the payment on the 29th if I explain my situation?

 

I do feel like it is a bit unfair as they have decided that not only do I have to pay more than I offered, I also have to find it in just over a week.

 

Any help would be much appreciated.

[citizenB]

When you made your offer, did you submit an Income and Expenditure form - pay slips etc ?

 

I think you might have to make an application to the court and provide more information.. but wait while others with more knowledge look in on you during the day.

[nimblejack]

Hi yes I did send the income and expenditure form. It said I had around £90 a month spare that was all and I made an offer of £80 so it's not like I was taking the mick or anything.

[citizenB]

Indeed it looks like you made a fair offer based on your disposable income. Have sent out some S.O.S for you.

[citizenB]

Sorry, one more question - what was the claim for originally ?

[nimblejack]

It was for a loan of £5000 and with all costs and interest etc on, its for just over £6000 but it is in joint names so the other party is also paying. Her monthly offer was accepted.

[Bailiff Advice]

Hi yes I did send the income and expenditure form. It said I had around £90 a month spare that was all and I made an offer of £80 so it's not like I was taking the mick or anything.

 

You declared disposable income of £90 per month and offered £80 per month. What is the figure that the court are saying that you must pay?

 

Also, this is a joint debt. Do you know how much the other party offered?

[nimblejack]

Yes that is right. The other party offered £85 and also, I only really have about £60 if I'm honest but made it look like I had more so that it wasn't rejected!! I now have to find £100 per month.

[Bailiff Advice]

Yes that is right. The other party offered £85 and also, I only really have about £60 if I'm honest but made it look like I had more so that it wasn't rejected!! I now have to find £100 per month.

 

Now you will see the importance of being honest on the form.

 

Many people are confused about offers of repayment and N245 Applications ( applications to vary the court order).

 

The procedure is that a copy of the repayment proposal is sent by the court to the creditor. If the creditor accept the amount being offered they do not need to respond.

 

If they are unhappy with the proposal, they have a period of 16 days in which to object to the court. They will need to explain the reason for the objection and outline what instalments (if any) they would be willing to accept. If the response is not received within 16 days, then the court will automatically accept the proposal outlined by the debtor.

 

In your particular case, the creditor considers that you could pay £10 per month more than you disclosed as 'disposable' income.

[AndyOrch]

nimblejack ...by joint debt ...do you mean you both received a claim form each or was it one claim form with both your names on as defendants ?

 

Regards

 

Andy

[nimblejack]

Yes thanks, I have just spoken to the creditor and he says we can alter the date as long as payments are made each month and maintained so presuming he is right and is willing to do this, all will be ok. I do see now the importance of being honest!! But it is my own fault and I shall just have to cut back a bit somewhere else. Lesson learned.

 

We both received a claim form each.....said the same reference number on both but now rather than paying the debt between us, it looks like we both have to pay the full amount each!!!! I am not clear on this but I will be finding out.

[dx100uk]

was this a dca or the original creditor as the claimant

tell us more please..

 

 

dx

[nimblejack]

Original creditor

[ThedaBara]

We both received a claim form each.....said the same reference number on both but now rather than paying the debt between us, it looks like we both have to pay the full amount each!!!! I am not clear on this but I will be finding out.

 

That's plainly wrong! TB

[dx100uk]

Original creditor

 

 

who was

tell us the full story please

[citizenB]

No, you wont both have to pay the "Full" amount of the debt - the creditor is only entitled to the amount of his claim which is £6,000.

[AndyOrch]

The debt is joint and several therefore you are both able to be sued..as you have been.....have you both got default judgments or just one of you?

 

Andy